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Bill > HB705


KY HB705

KY HB705
AN ACT relating to protective orders.


summary

Introduced
02/19/2025
In Committee
02/27/2025
Crossed Over
Passed
Dead
03/28/2025

Introduced Session

2025 Regular Session

Bill Summary

Amend KRS 403.725 and 456.030 to require the court of justice to create protocols to allow law enforcement officers to assist victims in filing a petition for an order of protection; amend KRS 403.720 to expand the definition of "domestic violence and abuse"; amend KRS 456.010 to expand the definition of dating violence and abuse; amend KRS 403.270, 403.280, 403.315, 403.220, and 403.340 to remove the presumption in favor of joint custody and equal parenting time; create new sections of KRS Chapter 454 to provide definitions and establish procedures for courts to dismiss civil actions that are determined to be harassing and malicious; allow court costs and attorney fees to be awarded to the prevailing party; allow courts to impose filing restrictions upon any plaintiff found to be an abusive civil action plaintiff; establish procedures to allow abusive civil action plaintiffs to file suit; allow for an immediate appeal as a matter of right.

AI Summary

This bill proposes several significant changes to Kentucky law regarding protective orders, child custody, and civil litigation. The bill expands the definitions of domestic violence and dating violence to include broader patterns of physical, sexual, emotional, economic, psychological, and technological actions used to gain power and control. It removes the previous presumption in favor of joint custody and equal parenting time in child custody cases, instead requiring courts to construct parenting time schedules that prioritize the child's welfare. The bill also introduces a new framework for addressing what it calls "abusive civil actions," allowing courts to dismiss civil lawsuits that are deemed to be harassing or malicious, impose filing restrictions on plaintiffs, and award attorney's fees to defendants. Additionally, the bill requires the Court of Justice to create protocols to help law enforcement officers assist victims in filing protective orders and expands the ways victims can file such orders, including through regional rape crisis centers and domestic violence shelters. The legislation aims to provide more comprehensive protections for victims of domestic violence and prevent potential legal harassment, giving courts more discretion in handling sensitive personal and family law matters.

Committee Categories

Justice

Sponsors (1)

Last Action

to Judiciary (H) (on 02/27/2025)

bill text


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